Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 517
Instituted on : 22.09.2016.
Decided on : 24.09.2018.
Hukam Chand son of Chhale Ram resident of village Bhambhewa Distt. Jhajjar.
………..Complainant.
Vs.
- The Sky Energies, Authorized Dealer Sheela Bye Pass, Delhi Road, Rohtak through its Manager/Prop.
- Recold Thermo Ltd., 343, Okhla Industrial Area, Phase II, Okhla, New Delhi, Through its Manager/Authorised person.
- Recold Thermo Ltd., 437, IV, from SRS Tower, near Mewla Maharajpur Metro Station, Sector 31, Faridabad-121003, Through its Manager/Authorized person.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT.SAROJ BALA BOHRA, MEMBER.
Present: Sh.Balwan Saroha, Advocate for the complainant.
Sh.Anurag Malik, Advocate for OP No.2.
Opposite party No.1 & 3 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had purchased a solar Water heater on 21.11.2012 vide bill no.114 for a sum of Rs.53677/- from the opposite party No.1 who is authorized dealer and OP No.2 is the manufacturer of the same. That the opposite parties provided warranty/guarantee of 5 years. That respondent issued photocopy of the bill by saying that the original bill shall be sent to the Electricity department for granting necessary rebate of Rs.200/- in the bill. That opposite party No.1 did not submit the original bill in the department nor the complainant received any rebate regarding the solar system. That the alleged heater become defective during warranty period. That to connect this system there needs a pittal union provided by company but the opposite parties installed plastic union and complainant made requests to the OPs time and again but any heed was not paid. That complainant requested the OPs either to replace the solar system or to refund the price but to no effect. That the act of OPs is illegal and amounts to deficiency in service. Hence this complaint and the complainant has prayed for directing the OPs either to replace the said solar system or to return the amount of Rs.56677/- alongwith interest, compensation and litigation expenses as prayed in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.3 did not appear despite service and was proceeded against exparte vide order dated 16.01.2018. Opposite party No.1 also did not appear despite service through Munadi and OP No.1 was proceeded against exparte vide order dated 27.02.2018 of this Forum. Opposite party No.2 in its reply has submitted that complainant has never approached the answering opposite party or any of its service centre as the answering opposite party could not found any information with regard to communications and the calls lodged in respect of the Solar Water System in question from their data base which is maintained to keep the record of consumer complaints. Therefore it is clear that complainant has neither filed any documentary evidence nor disclosed details of complaint as lodged within the warranty period either to the service centre or to the manufacturer. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C16 and closed his evidence. On the other hand ld. counsel for the OP No.2 has tendered affidavit Ex.RW1/A, document Ex.R1 and closed his evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the complainant has not placed on record any expert report regarding technical defect in the Water heater. Merely the copies of legal notices and bill of purchase does not prove the defect in the alleged system. In the absence of any expert evidence, complainant has failed to prove manufacturing defect as well as deficiency in service on the part of opposite parties. As such present complaint stands dismissed with no order as to costs.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.09.2018.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Saroj Bala Bohra, Member
